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SMITH v. SPISAK

No. 08-724.

130 S.Ct. 676 (2010)

558 U.S. 139

Keith SMITH, Warden, Petitioner, v. Frank G. SPISAK, Jr.

Supreme Court of United States.

Decided January 12, 2010.

Attorney(s) appearing for the Case

Richard Cordray, Attorney General, Columbus, Ohio, for petitioner.

Michael J. Benza, appointed by this court, Chagrin Falls, Ohio, for respondent.

Richard Cordray, Attorney General of Ohio, Benjamin C. Mizer, Counsel of Record, Solicitor General, Alexandra T. Schimmer, Chief Deputy Solicitor General, David M. Lieberman, Deputy Solicitor, Columbus, Ohio, for Petitioner Keith Smith, Warden.

Michael J. Benza, Counsel of Record, Chagrin Falls, Ohio, Alan Rossman, Assistant Federal Public Defender, Cleveland, Ohio, for Respondent.

Justice BREYER delivered the opinion of the Court.

Frank G. Spisak, Jr., the respondent, was convicted in an Ohio trial court of three murders and two attempted murders. He was sentenced to death. He filed a habeas corpus petition in federal court, claiming that constitutional errors occurred at his trial. First, Spisak claimed that the jury instructions at the penalty phase unconstitutionally required the jury to consider in mitigation only those factors that...

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